Peter

Jana 11th grade Humanities Class

5/12/16

Snowden Trial #2- Morning Class

Opening-

Pros: (LISA)
- Vivid 9/11 example
- Acts of treason
- Traitor

-Not a Whistleblower
-NSA actions not corrupted or illegal
-Threat of terrorism!
-Mass surveillance protects citizens
- Stole govn. Property.
-Broke his contract
-Wavered national security

Def: (EMILY)
- Not guilty
- Had good means

- Was to educate the citizens
- Should not sacrifice privacy for safety
- Violated our 4th amendment rights
- Guilty until proven innocent
- Agencies are not protecting people
-WE THE PEOPLE

-We as the people should know what is going on in govn.
- have enough data and do not need surveillance

Pros Witness 1: (MICHEAL HAYDEN) ADRIAN

DE: (PROS)
- Former director of the CIA and NSA
- Four-star navy general
- Expert in field of NSA
- Snowden hurt the security of America
- Threat of Terrorism
- Relates back to charges, released disclosure of classified info
- Also released to enemies and terrorists not just citizens
- govn contractor- non disclosure form (Snowden agreed to this)
- Nation is in a war right now
-WAR OF TERRISM
-Internal vs. external

-9/11, Boston Bombings, San Bernardino
-Boston- bombing during Boston marathon
-San Bernardino- some bombs were prevented

Peter Jana 11th grade Humanities Class

5/12/16
-9/11 was planned by Al-Qaeda

-3,000 lives were lost in 9/11
-All three attacks were planned by those living in the US (INTERNAL THREAT)
-National Intelligence- safety
- Al-Shabob case- people in us gave money to Al-Shabob. Because of surveillance we
stopped them from funding further
- Surveillance is justifiable
- Country needs top security

XE: (DEF)
- Theft- taking something they cannot
- Edward Snowden had clearance to access files
- Copied the documents, he didnt steal he copied it
- Do you think E.S. is a Whistleblower?
- Congress was not fully aware
- Quote of Hayden saying E.S. was blowing the whistle
- Did you break the Law?
- Testimony during 9/11 Commissions
- Went through all 3 branches of Government
- FISA Court
- No way for Americans to know

RD: (PROS)
- EVIDENCE: Reading of first charge
- Files were leaked on website, anyone and everyone can access it
- No one was authorized to see the files
- Hour long Conference
- Michael Hayden stated that the programs were clearly legal
- NSA programs were legal
- Non-disclosure agreement Snowden signed
-Must return all documents back to NSA and Snowden has not done so
- NSA is a law enforcement agency
- Fraud claim is not applicable to law enforcement

Pros Witness 2: (ERIC HOLDER) ALONZO

DE: (PROS
- Attorney General of the US 2009-2015
- Head of the department of justice
- Snowdens actions were not unlawful
- PRISM, X Key Score, Metadata
- Terrorism threats grew after 9/11
-Programs collect metadata

-Metadata- data about data
-FISA court and Patriot act made programs legal
-215 allows NSA to collect tangible evidence

Peter Jana 11th grade Humanities Class

5/12/16
-Patriot act was passed through all branches of govn.
-Act was authorized by our senators and the American people
-Snowden had lawful evidence of files but not authorized to release it to
unauthorized personal

XE: (DEF)
- Oath to protect the constitution
- Programs were secret in order to ensure effectiveness
- Fourth Amendment
- To get metadata you do not need a warrant or probable cause

- Prior to release of files they did not need warrants
- 99.97% acceptance rate for FISA court orders for warrants
- Tangible vs. information on Internet
- Email is easier to access than a tangible letter
- Letter you need a warrant email you do not
- Letter from the author of Patriot act to Holder
- Author is disturbed of Patriot act
- Govn. Abusing power?
- Act was a tool

- Could be used for bad or good
- Programs should be legal
- We the People of the United States
- We are a democracy
- Representative democracy
- Programs are for safety
- Citizens were involved through the US representatives
- Every person should have a voice in this democracy
- Every person should know details of our government

RD: (PROS)
- People have the right to vote
- Legal voting age (any age above 18)
- First Amendment
- The people have the right to petition against the govn. and the right to vote
- People voted for their representatives and for the act to pass


Pros Witness 3: (DIANNE FIENSTEIN) LIZ

DE: (PROS)
- Senator of CA
- Member of the senate intel committee
- Supports the NSA to protect all citizens
- Snowden committed treason
- Sponsored and supported bills in senate that give NSA increased funding and
resources to protect its citizens

Peter Jana 11th grade Humanities Class

5/12/16
- Main goals of committee- to provided funding to intel committee and make sure
they abide by the constitution
- Committee has access to sources, budgets
- President keeps the committee informed
- Senate has these abilities to create a check on power
- All 3 branches of gov have power over intel agencies
- Intel agencies keep secret to keep sure citizens are safe.
- Democracy needs some transparency
- Snowden released classified documents that were publicly released
- Treason definition
- Snowden committed treason

XE: (DEF)
- Evidence: Non-disclosure agreement for any NSA agents to sign
- Committed treason by releasing classified info
- Snowden took an Oath before going into NSA
- Naturalization Oath I will support and defend the constitution against all enemies
foreign and domestic
- Fourth Amendment created in 1700s
- The programs do not break the 4th amendment
- Privacy is not given in the Constitution
- Not justified by the constitution because he harmed National Security
- Names reveled by documents were already public knowledge
- Somali Case in San Diego
- Started surveillance by programs
- Had warrants during Somali case
- Was this the only successful case using these programs?
- Only 1 success from the programs in 13 years
- Are the programs necessary?
- Taxpayers are still paying for the programs. Should they?
- Programs do protect citizens lives
- Changes have not come without Civil Disobedience
- Acts of civil disobedience educate the American public about the issues in the govn.
- $75 billion on intel programs

RD: (PROS)
- Pledge of Allegiance to America
- Support the Constitution from foreign enemies
- Privacy is never in the constitution its only implied
- Does not say in the Constitution that secrets cant be kept from the citizens

*PROS RESTS ITS CASE*

Def Witness 1: (RON WYDEN)

DE: (DEF)

Peter Jana 11th grade Humanities Class

5/12/16
- Senator of Oregon
- Democrat
- Criticized the patriot act
- Patriot Act

- In favor but believe they are unconstitutional
- Did not steal property and had authorization
- Not related to our National Security
- No threat to security
- Against transparency
- American people are the backbone of our country
- Government is meant to protect us

XE: (PROS)
- Patriot act made programs legal
- Quote about patriot act and how it was enacted
- Patriot act gave legal grounds witness denied
- Member of the Senate intel committee

- Their job to make sure the constitution is not being violated through intel
programs
- Hillary Clinton quote

- Clearly for increased surveillance program
- Wyden is endorsing Hillary Clinton
- Charge two elements one

RD: (DEF)
- Patriot act was legal but not constitutional
- Reforms or banning of acts are due to past historical moments

Def Witness 2: (WILLIAM BINNEY)

DE: (DEF)
- Used to work for NSA
- 30 years technical director
- Third charge second element
- Snowden not guilty of this
- Was not prejudicial and didnt harm national security
- Programs are not just
- 2015 Shooting in Texas but the police officers knew about this two days before and
didnt stop it
- NSA has too much info
- Needle in the Haystack
- Program- Thin thread
- Sift through info to see if there were legal actions from govn. you need warrants as
well

- Allowed us to get certain info and organize it without violating privacy

Peter Jana 11th grade Humanities Class

5/12/16
- Thin thread was proposed but declined by Michael Hayden because Hayden
wanted to conduct a separate program
- FISA court

- Balance check of power of Intel groups
- Witness was a formal Whistleblower
- Witness went to the department of justice

XE: (PROS)
- Re read charge 3 element two
- Documents were posted online and can be accessed internationally
- Snowden had more documents
- Snowden had access to 1.77 Million documents
- The documents helped groups like Al-Qaeda
- By giving them the files Snowden gave it to our enemies
- Snowden gave files to a British newspaper
- Quote about how Al-Qaeda used the documents released
- CIA Director Quote
- The leaks from Snowden have aided Al-Qaeda
- Reason for programs was to stop terrorist attacks
- Helped Al-Qaeda in changing their intel programs
- Charge 2 elements 3

RD: (DEF)
- The nature of the document may not have been useful
- NSA did not treat witness fairly. He was harassed
- Quote of Binney in an interview


Def Witness 3: (EDWARD SNOWDEN)

DE: (DEF)
- Former NSA contractor
- Got into govn. work training for special forces
- Then went to CIA
- NSA would intercept info
- Going to 3rd party companies
- Apple, Google, Yahoo
- Released info about the programs like PRISM
- PRISM- Program used to collect your customer data, emails, cookies, texts, calls
-XKEY SCORE- Used to intercept info
- Program infringed rights
- As a citizen it was E.S. duty to tell everyone
- Wanted others to interoperate their feelings on it not make it bias through E.S.
opinions. Just released them.
- Not about the individual of the NSA is was about the people being surveyed ( the
whole)

Peter Jana 11th grade Humanities Class

5/12/16
- Programs didnt change anything with terrorist attacks.
- Conventional tactics
- Innocent until proven guilty
- By using surveillance everyone is seen as guilty
- Had access to docs
- ES is a Patriot
- Actions were for the whole not himself
- Govn. is by the people for the people.

XE: (PROS)
- Was able to gain documents through job with Hamilton
- First contacted Glen Greenwald December 1st 2012
- Didnt start working for Hamilton until later
- Quote from email to Greenwald sent Feb 7th 2013
- Ready to hand over 1,000 of documents to release
- Claimed to have access to tons of docs before even working for Hamilton
- Non-disclosure form
- Quote from defenses discovery
- In order to be called a Whistleblower you had to show that the disclosure of the
information was protected
- Some info was used to harm the U.S.
- We the people refers to US not the whole world

RD: (DEF)
- No matter what website it will be public to everyone
- Glen Greenwald- American Journalist
- Greenwald had the integrity to release the files
- American citizens have the right to say if the govn. is abusing their power
- You are never fully represented in the govn.
- Didnt tell his family to protect them

Closing:

Pros:
- Charges
- Terrorism is a big threat *
- Defendant released files to everyone
- Was legal
- There are checks and balances on intel programs

Def:
- Wrongly accused of being a traitor
- Trying to protect our 4th amendment rights
- Moral obligation
- Not defending the constitution or being a traitor?